Health and Personal Social Services (Northern Ireland) Order 1972

• Citation: S.I. 1972/1265 (N.I.)
• Sections: 238

Section 1 Title and commencement

This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1972 … Commencement …

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Parliament of Northern Ireland.

(2) In this Order and the 1991 Order

“Article 15B arrangements” means arrangements under Article 15B;

"authorised HSC trust” means an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991;

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“child” means a person who is not over compulsory school age;

Definition rep. by 1988 NI 23

“compulsory school age” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 ;

Definition rep. by 1991 NI 1

“dental practitioner” means a person registered in the dentists' register under the Dentists Act 1984 ;

“directions”, except in Articles 9 and 11 and Schedule 11, means directions in writing given by the Department ;

“disability” includes mental disorder as well as physical disability;

Definition rep. by 1984 NI 8

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“endowment”, in relation to a hospital which was immediately before 5th July 1948 a voluntary hospital or a local authority hospital, means property held immediately before 1st August 1951 or, in the case of the Mater Infirmorum Hospital, 1st January 1972, by the governing body of the hospital or by trustees solely for the purposes of that hospital or, in the case of a local authority hospital, by the local authority or other body solely for the purposes of that hospital, being property of the following descriptions—

interests in or attaching to land (other than such premises as were transferred to and vested in the Northern Ireland Hospitals Authority under section 23(1) or (5) of the Health Services Act (Northern Ireland) 1948 ), and in equipment, furniture or other movable property used on, or in connection with, that land;

shares, stocks, bonds, debentures and other securities and any other personal property held by way of an investment;

money, including any credit in a banking account;

rights under any bill of exchange, promissory note, bond or obligation for the payment of money;

but so that “endowment” does not include any property in respect of which trustees are required or authorised under Article 83 to make payments to a Health and Social Services board;

“equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

“general dental services” has the meaning assigned to it by Article 61(1);

Definition rep. by 2004 NI 2

“general medical services contract” has the meaning given by Article 57;

“general ophthalmic services” has the meaning assigned to it by Article 62(9) ;

“governing body”, in relation to any voluntary hospital, includes any body, whether corporate or unincorporate, having the control and management of the hospital or any part thereof, or otherwise carrying on the business of the hospital or any part thereof;

“government department” means a department of the Government of Northern Ireland;

“grammar school” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 ;

“grant-aided”, in relation to a school, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 ;

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“health and social care contract” has the meaning assigned to it by Article 8(3) of the 1991 Order and “ HSC contract ” shall be construed accordingly;

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“health authority” means a health authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946 ;

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“ health care body” has the meaning given in Article 8(2A) of the 1991 Order;

Definition rep. by 1992 NI 20

“hospital” means any institution for the reception and treatment of persons suffering from illness, any maternity home, any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, any institution for providing dental treatment and maintained in connection with a dental school, and clinics, dispensaries and out-patient departments maintained in connection with any such institution or home;

“illness” includes mental disorder and any injury or disability requiring medical or dental treatment or nursing;

“independent school” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 ;

“local authority” means the council of a county or county borough or a new town commission exercising the functions of the council of a county borough;

“management committees” means management committees within the meaning of the Health Services Act (Northern Ireland) 1971 and the Mental Health Act;

“managers”, where used in relation to a voluntary school, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 ;

“medical” includes surgical;

“medical practitioner” means a registered person within the meaning of the Medical Act 1983 ;

[ “medicine” includes such chemical reagents as are included in a list for the time being approved by the Department for the purposes of Article 63;]

“mental disorder” has the same meaning as in the Mental Health Order ;

“Mental Health Order” means the Mental Health (Northern Ireland) Order 1986;

“the Minister” means the Minister of Health and Social Services;

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“modify” means making additions, omissions, amendments, adaptations, applications, extensions, restrictions and substitutions;

“notice” means notice in writing;

“officer” includes servant;

“operational area”, in relation to an HSC trust , shall be construed in accordance with paragraph 3A of Schedule 3 to the 1991 Order;

“operational date”, in relation to an HSC trust , shall be construed in accordance with paragraph 3(1)(e) of Schedule 3 to the 1991 Order;

“ophthalmic optician” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist.

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“the 1991 Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;

“owner” means the person for the time being receiving the rack rent of the land in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the land were let at a rack rent;

“parent” in relation to any child or young person includes any person who has parental responsibility for or care of the child or young person;

“parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995;

“Part VI services” means general medical services, general dental services, general opthalmic services or pharmaceutical services;

“patient” includes an expectant or nursing mother and a lying-in woman;

“person in need” means a person who—

is in need of care and attention arising out of infirmity or age; or

suffers from illness or is substantially handicapped by any deformity or disability; or

Sub-para. (c) rep. by 1988 NI 23

being a person who has asked for assistance, is, in the opinion of the Ministry, a person to whom any of the social care provided by it may be made available;

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“pharmacist” has the same meaning as in the Human Medicines Regulations 2012 ;

“pharmaceutical services” has the meaning assigned to it by Article 63(1);

“prescribed” means prescribed by regulations;

“primary medical services” means services which are primary medical services for the purposes of Part VI (see Article 56);

“public body” means a body established by or under any transferred provision;

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“relative” means a spouse or civil partner or a lineal ancestor or lineal descendant, or lineal descendant of an ancestor not more remote than great-grandfather or great-grandmother;

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Definition rep. by 1991 NI 1

“statutory instrument” has the meaning assigned to it by section 1( d ) of the Interpretation Act (Northern Ireland) 1954 ;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

“trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“transferred provision” has the meaning assigned to it by section 1( g ) of the Interpretation Act (Northern Ireland) 1954;

“the Tribunal” mean the Tribunal mentioned in Schedule 11;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members thereof;

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“welfare authority” means a welfare authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946 .

“ the 2009 Act ” means the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(2A) In this Order the following expressions have the meanings given to them by section 31(1) of the 2009 Act—

“the Department”;

“health care”;

“health and social care bodies”;

“health inequalities”;

“HSC trust”;

“the Regional Agency”;

“the Regional Board”;

“RBSO”;

“RQIA”;

“regulations”;

“social care”; and

“special agency”.

(3) For the purposes of this Order—

(a) power to provide any thing includes power to acquire, establish, lay out, erect or construct it and to provide buildings, works, equipment, facilities, services and amenities for or in connection with it and any other thing incidental or ancillary to it and to maintain it;

(b) power to maintain any thing includes power to operate, manage, repair, extend, alter, improve, re-erect and renew it or any such buildings, works, equipment, facility, service, amenity or other thing as aforesaid.

(4) References in this Order to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

Section 4 General duty of Ministry

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Section 5 Provision of accommodation and medical services, etc.

(1) The Ministry shall provide throughout Northern Ireland, to such extent as it considers necessary, accommodation and services of the following descriptions—

(a) hospital accommodation, including accommodation within the meaning of Article 110 of the Mental Health Order ;

(b) premises, other than hospitals, at which facilities are available for all or any of the services provided under this Order or the 2009 Act ;

(c) medical, nursing and other services whether in such accommodation or premises, in the home of the patient or elsewhere.

(2) In addition to its functions under paragraph (1), the Ministry may provide such other accommodation and services not otherwise specifically provided for by this Order or the 2009 Act as it considers conducive to efficient and sympathetic working of any hospital or service under its control, and, in relation to any person and notwithstanding anything contained in section 2(1)(a) of the 2009 Act , to provide or arrange for the provision of such accommodation or services, and in connection therewith, to incur such expenditure as is necessary or expedient on medical grounds.

(3) Where accommodation or premises provided under this Article afford facilities for the provision of primary medical services, of general dental or ophthalmic services or of pharmaceutical services, they shall be made available for those services on such terms and conditions as the Ministry may determine.

(4) The Ministry may permit any person to whom this paragraph applies to use for the purpose of private practice, on such terms and conditions as the Ministry may determine, the facilities available at accommodation or premises provided under this Article.

(5) The persons to whom paragraph (4) applies, being persons who provide services under this Order or the 2009 Act , are as follows:—

(a) medical practitioners;

(aa) persons providing primary medical services under a general medical services contract or in accordance with Article 15B arrangements;

(b) dental practitioners;

(c) ophthalmic . . . opticians;

(d) pharmacists; and

(e) such other persons as the Ministry may determine.

Section 6 Provision of general health care

(1) The Ministry shall secure the provision of primary medical services, of general dental and ophthalmic services and of pharmaceutical services in accordance with Part VI.

(2) Services provided under Article 56(2) or under a general medical services contract are to be regarded as provided by the Department in pursuance of its functions under paragraph (1).

Section 7 Prevention of illness, care and after-care

(1) The Ministry shall make arrangements, to such extent as it considers necessary, for the purposes of the prevention of illness, the care of persons suffering from illness or the after-care of such persons.

(2) The Ministry may recover from persons availing themselves of any service provided by the Ministry under this Article, otherwise than in a hospital, such charges (if any) in respect of the service as the Ministry considers appropriate.

(3) No arrangements made under paragraph (1) may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(3A) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department.

Section 8 Care of mothers and young children

(1) The Ministry shall make arrangements, to such extent as it considers necessary, for the care, including in particular the medical and dental care, of expectant and nursing mothers, and of young children.

(2) The Ministry may recover from persons availing themselves of any service provided by the Ministry under this Article, otherwise than in a hospital, such charges (if any) in respect of the service or articles provided in connection with the service as the Ministry considers appropriate.

Section 9 Medical and dental inspection, etc., of school children and young persons

(1) Subject to paragraph (4), the Ministry shall provide for the medical . . . inspection, at appropriate intervals, and for the medical . . . supervision of persons—

(a) in full-time attendance at any grant-aided school or for whom special arrangements have been made under Article 86 of the Education (Northern Ireland) Order 1998 or Article 10(1)(b) of the Education (Northern Ireland) Order 1996 ;

Sub-para. (b) rep. by 1987 NI 2

(1A) Subject to paragraph (4), the Department shall provide, to such extent as it considers necessary to meet all reasonable requirements—

(a) for the dental inspection of such persons as are mentioned in paragraph (1);

(b) for the dental supervision of such persons; and

(c) for the education of such persons in dental health.

(2) For the purpose of securing the proper medical and dental inspection of persons such as are mentioned in paragraph (1)( a ) the Ministry may require the parents of any such persons to submit the persons for medical or dental inspection in accordance with arrangements made by the Ministry, and any parent who fails without reasonable excuse to comply with any such requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50 .

(3) Subject to paragraph (4), the Ministry shall make such arrangements as are necessary for securing that there are available for persons such as are mentioned in paragraph (1) comprehensive facilities for medical and dental treatment.

(4) Paragraphs (1), (1A) and (3) shall not apply in the case of persons in attendance at any voluntary grammar school the managers of which have, by means of a scheme framed by them and approved by the Ministry, made provision for the medical and dental inspection, supervision and treatment of persons in attendance at that school and for the education of such persons in dental health .

(5) The managers of a voluntary grammar school to which paragraph (4) applies shall keep such records, and shall make such returns, as the Ministry may prescribe or direct.

(6) In any case where the managers of a voluntary grammar school make, by means of a scheme approved by the Department, such provision as is mentioned in paragraph (4), then, in respect of each person for whom any service is provided under such provision, the Ministry shall pay to the managers such sum as it may determine.

(7) The Ministry may, with the consent of the proprietor of any independent school, and on such financial and other terms (if any) as may be agreed between the Ministry and the proprietor of the school, make arrangements for the provision of medical and dental inspection, supervision and treatment of persons in attendance at the school and for the education of such persons in dental health ; so however that any such arrangements shall be such as to secure, so far as is practicable, that the expense incurred by the Ministry in connection with the provision under the arrangements of any service shall not exceed the expense which would have been incurred by it in the provision thereof if the persons had been persons in attendance at a grant-aided school.

(8) In this Article—

“dental inspection” and “dental supervision” mean, respectively, inspection and supervision by a dental practitioner;

“dental treatment” includes prevention and treatment of dental disease by or (so far as permitted by law) under the direction of a dental practitioner and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any person other than a person for whom special arrangements have been made as mentioned in paragraph (1)(a) . . . , include treatment in that person's home;

“medical inspection” and “medical supervision” mean, respectively, inspection and supervision by or under the direction of a medical practitioner;

“medical treatment” includes prevention and treatment of disease by a medical practitioner, and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any person other than a person for whom special arrangements have been made as mentioned in paragraph (1)(a) . . . , include treatment in that person's home.

Section 10 Ancillary services

(1) Without prejudice to the generality of Article 5 the Ministry shall make arrangements, to such extent as it considers necessary, for—

(a) providing or securing the provision of ambulances and other means of transport for the conveyance of persons suffering from illness, expectant or nursing mothers or of other persons for whom such transport is reasonably required in order to avail themselves of any service under this Order or the 2009 Act ;

(b) providing or securing the provision of a laboratory service for the purpose of the prevention or cure or restriction of the incidence of disease, or the promotion of the health of the people;

(c) providing or securing the provision of a service of diagnostic radiology; and

(d) making available to medical practitioners and other persons who require them supplies of human blood for the purpose of carrying out blood transfusion or supplies of any other substances or preparations not readily obtainable.

(2) The Ministry shall determine the terms, including terms as to the payment of charges, and conditions on which the several services referred to in paragraph (1) shall be provided.

Section 11 Vaccination and immunisation

(1) The Ministry may make arrangements with medical practitioners for the vaccination or immunisation of persons against any disease, either by medical practitioners or by persons acting under their direction and control.

(2) In making arrangements under this Article, the Ministry shall, in so far as is reasonably practicable, give every medical practitioner providing primary medical services under Part VI and every person providing, and every medical practitioner performing, primary medical services in accordance with Article 15B arrangements an opportunity to provide services under this Article.

(3) The Ministry may, either directly or by entering into arrangements with such persons as it thinks fit, supply free of charge to medical practitioners providing services under this Article vaccines, sera or other substances for vaccinating or immunising persons against any disease.

Section 12 Family planning

(1) The Ministry shall make arrangments, to such extent as it considers necessary, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances or appliances.

(2) The Ministry may recover from persons availing themselves of any service under this Article such charges (if any) as the Ministry considers appropriate.

Section 13 Educational and research facilities

The Ministry shall make available such facilities, in any premises provided by it under this Order or the 2009 Act , as appear to the Ministry to be reasonably required for under-graduate and post-graduate clinical teaching and research.

Section 14 Health education

The Ministry may disseminate, by whatever means it thinks fit, information relating to the promotion and maintenance of health and the prevention of illness.

Section 14A Arrangements for provision of health care by other bodies or persons

(1) The Department may make arrangements for the provision by any other body or person of any of the health care on such terms and conditions as may be agreed between the Department and that other body or person.

(2) The Department may assist any body or person carrying out any arrangements under paragraph (1) by—

(a) permitting that body or person to use premises belonging to the Department;

(b) making available vehicles, equipment, goods or materials; and

(c) making available the services of any staff who are employed in connection with the premises or other things which the Department permits the body or person to use,

on such terms and conditions as may be agreed between the Department and that body or person.

Section 14B Reimbursement of the cost of health care services secured in another EEA state where expenditure was incurred on or after 10th May 2012 but before 27th December 2013

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Section 14C Prior authorisation for the purposes of Article 14B(3)(b) or (c)

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Section 14D Reimbursement of the cost of health services secured in another EEA state where expenditure occurred on or after 27th December 2013

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Section 14E Prior authorisation for the purposes of Article 14D(5)(c) and (7)

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Section 15 General social welfare

(A1) The functions conferred by this Article are to be exercised as part of the system of social care designed to secure improvement in the social well-being of people in Northern Ireland mentioned in section 2(1)(b) of the 2009 Act.

(1) An authorised HSC trust shall make available advice, guidance and assistance, to such extent as it considers necessary, and for that purpose shall make such arrangements and provide or secure the provision of such facilities (including the provision or arranging for the provision of residential or other accommodation, home help and laundry facilities) as it considers suitable and adequate.

(1A) Arrangements under paragraph (1) may include arrangements for the provision by any other body or person of any of the social care on such terms and conditions as may be agreed between the trust and that other body or person.

(1B) An authorised HSC trust may assist any body or person carrying out any arrangements under paragraph (1) by—

(a) permitting that body or person to use premises belonging to the trust ;

(b) making available vehicles, equipment, goods or materials; and

(c) making available the services of any staff who are employed in connection with the premises or other things which the trust permits the body or person to use,

on such terms and conditions as may be agreed between the trust and that body or person.

(2) Assistance under paragraph (1) may be given to, or in respect of, a person in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash; so however that before giving assistance to, or in respect of, a person in cash the trust shall have regard to his eligibility for receiving assistance from any other statutory body, and, if he is so eligible, to the availability to him of that assistance in his time of need.

(3) Where under paragraph (1) a trust makes arrangements or provides or secures the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, the trust may assist such persons in disposing of the produce of their work.

(4) . . . A trust may recover in respect of any assistance, help or facilities under this Article such charges (if any) as the trust considers appropriate.

(5) In so far as it relates to the provision of accommodation, this Article is subject to Articles 36, . . . and 99.

(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 applies if his need for assistance has arisen solely—

(a) because he is destitute, or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(7) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) of that section and in paragraph 2 of that Schedule substitute references to an HSC trust .

Section 15B Primary medical services or personal dental services

(1) The Department may make one or more agreements ..., in accordance with the provisions of regulations under Article 15D, under which—

(a) primary medical services are provided (otherwise than by the Department ); or

(b) personal dental services are provided (otherwise than by the Department ).

(2) An agreement made under this Article—

(a) may not combine arrangements for the provision of primary medical services with arrangements for the provision of personal dental services; but

(b) may include arrangements for the provision of health care —

(i) which are not primary medical services or personal dental services; but

(ii) which may be provided under this Part.

(3) Except to such extent as may be prescribed—

sub-para. (a) rep. by 2004 NI 2

(b) a patient for whom personal dental services are provided under an agreement made under this Article is not to count as a person for whom arrangements must be made by the Department under Article 61.

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(6) For the purposes of this Article—

Definition rep. by 2004 NI 2

"personal dental services" means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part VI.

Section 15C Persons with whom agreements may be made

(1) The Department may make an agreement under Article 15B only with one or more of the following—

(a) an HSC trust ;

(b) in the case of an agreement under which primary medical services are provided—

(i) a medical practitioner who satisfies the prescribed conditions;

(ii) a health care professional who satisfies the prescribed conditions;

(iii) an individual who is providing services—

(A) under a general medical services contract;

(B) in accordance with Article 15B arrangements, section 28C arrangements or Article 17C arrangements; or

(C) under section 28Q of the National Health Service Act 1977 or section 19 of the National Health Service (Scotland) Act 1978;

or has so provided them within such period as may be prescribed;

(c) in the case of an agreement under which personal dental services are provided—

(i) a qualifying dental practitioner;

(ii) an individual who is providing personal dental services in accordance with Article 15B arrangements;

(d) an HSC employee or an Article 15B employee;

(e) a qualifying body.

(1A) The power under paragraph (1) to make an agreement with a person falling within sub-paragraph (b)(iii), or (in the case of an agreement under which primary medical services are provided), sub-paragraph (d), of that paragraph is subject to such conditions as may be prescribed.

(2) In this Article—

“Article 15B employee” means a person who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by an individual providing or performing those services;

“health care professional” means a member of a profession which is regulated by a body mentioned (at the time the agreement is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17);

“ HSC employee ” means an individual who, in connection with the provision of health care in Northern Ireland, England and Wales or Scotland , is employed by—

an HSC trust in Northern Ireland, or an NHS trust or NHS foundation trust in England and Wales ;

the RBSO in Northern Ireland, ... a Local Health Board in Wales or a Health Board in Scotland;

a person who is providing services under a general medical services contract;

an individual who is providing services as specified in paragraph (1)(b)(iii)(C) ;

in the case of an agreement under which personal dental services are provided—

a dental practitioner whose name is included in a list prepared in accordance with regulations made under Article 61(2)(a); or

a dental practitioner who is providing personal dental services in accordance with Article 15B arrangements;

“qualifying body” means—

a company which is limited by shares all of which are legally and beneficially owned by persons falling within sub-paragraphs (a) to (d) of paragraph (1); and also

in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;

“qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under Article 15D(2)(b);

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“section 17C employee” means a person who, in connection with the provision of services in accordance with arrangements under section 17C of the National Health Service (Scotland) Act 1978, is employed by an individual providing or performing those services;

“section 28C employee” means a person who, in connection with the provision of services in accordance with arrangements under section 28C of the National Health Service Act 1977, is employed by an individual providing or performing those services;

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Section 15D Primary medical services or personal dental services: regulations

(1) The Department may make regulations with respect to the provision of services in accordance with Article 15B arrangements.

(2) The regulations must—

(a) include provision for participants other than the Department to withdraw from Article 15B arrangements if they wish to do so;

(b) impose conditions (including conditions as to qualifications and experience) to be satisfied by . . . dental practitioners performing personal dental services, in accordance with Article 15B arrangements.

In sub-paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

(3) The regulations may, in particular—

(a) provide that Article 15B arrangements may be made only in prescribed circumstances;

(b) provide that Article 15B arrangements may be made only in prescribed areas;

(c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with Article 15B arrangements;

(ca) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with Article 15B arrangements;

(d) require details of Article 15B arrangements to be published;

(e) make provision with respect to the variation and termination of Article 15B arrangements;

sub-paras. (f) and (g) rep. by 2004 NI 2

(h) provide for parties to Article 15B arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health care bodies for the purposes of Article 8 of the 1991 Order;

(i) provide for directions, as to payments, made under Article 8(8) of the 1991 Order (as it has effect as a result of regulations made by virtue of sub-paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

(j) authorise the Department to make with respect to the provision of personal dental services payments of financial assistance for prescribed categories of preparatory work undertaken⿿

(i) in connection with preparing proposals for Article 15B arrangements; or

(ii) in preparation for the provision of services under proposed Article 15B arrangements.

(3A) The regulations may also require payments to be made under Article 15B arrangements in accordance with any scheme made for the purpose by the Department.

(3B) A scheme under paragraph (3A) may make provision having effect from a date before the date of the scheme , provided that, having regard to the scheme as a whole, the provision is not detrimental to the persons to whose remuneration it relates.

(3BA) The Department must publish a scheme under paragraph (3A) in such manner as it thinks appropriate.

(3C) The regulations may also include provision requiring the Department , in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person providing services under Article 15B arrangements who so requests.

(3D) The regulations may also include provision for the resolution of disputes as to the terms of any proposed Article 15B arrangements, and in particular may make provision—

(a) for the referral of the terms of the proposed arrangements to a prescribed body ; and

(b) for that body to determine the terms on which the arrangements may be entered into.

(3DA) Regulations making provision as to the matters referred to in paragraph (3D)(a) and (b) may make provision—

(a) as to the members of the body, including the terms and conditions of their appointment;

(b) for the payment of fees and allowances to members of the body.

(3E) The regulations shall provide for the circumstances in which a person providing primary medical services under Article 15B arrangements—

(a) shall or may accept a person as a patient to whom such services are so provided;

(b) may decline to accept a person as such a patient;

(c) may terminate his responsibility for a patient.

(3F) The regulations shall make provision as to the right of patients to choose the persons from whom they are to receive services under Article 15B arrangements.

Para. (4) rep. by 2001 c.3 (NI)

Para. (5) rep. by 2004 NI 2

(6) Regulations which impose conditions on persons performing primary medical services or persons performing personal dental services (whether made by virtue of paragraph (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978.

Para. (7) rep. by 2004 NI 2

Section 15F Right to choose dental practitioner

(1) Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.

(2) The regulations shall, in particular, prescribe the procedure for choosing a practitioner.

(3) In this Article “primary dental services” means dental services which are—

(a) provided, in accordance with Article 15B arrangements, as personal dental services; or

(b) provided under Part VI as general dental services.

Section 16 Establishment of Health and Social Services Boards

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Section 17 Functions of Health and Social Services Boards

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Section 18 Schemes

(1) A body to which this Article applies shall, within such period as the Ministry may specify, submit to the Ministry a scheme for the exercise of its functions.

(2) A scheme under paragraph (1) shall be made in accordance with regulations and directions.

(3) The Ministry may, by order, approve a scheme submitted to it under paragraph (1), with or without modifications, and the body shall give effect to any scheme so approved.

(4) A body to which this Article applies may at any time, and if directed by the Ministry shall within such period as the Ministry may specify, submit a new scheme under this Article and paragraph (3) shall apply to any such new scheme.

(5) If a body to which this Article applies fails to submit any scheme which it is required under this Article to submit within a period specified by the Ministry, the Ministry may make a scheme which shall have effect as if it had been submitted and approved under this Article.

(6) This Article applies to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Regional Agency.

Section 19 Joint committees

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Section 21 University Liaison Committees

(1) The Department may by order establish University Liaison Committees for the purpose of—

(a) advising the Department and the Regional Agency on the administration of health care in relation to the provision of facilities for undergraduate or post-graduate clinical teaching or for research, and

(b) advising the Department , the Regional Agency and the university or universities concerned on any matter of common interest to them.

(2) An order under paragraph (1) may—

(a) constitute such a University Liaison Committee;

(b) provide for the exercise by that Committee of such functions as may be specified in the order;

(c) apply to that Committee any provision of this Order or the 2009 Act , subject to the modifications (if any) specified in the order;

(d) provide for the winding-up and dissolution of that Committee;

(e) make such other provision in connection with that Committee as the Ministry thinks fit.

Section 24 Central advisory committees

(1) The Minister may appoint a central advisory committee for any profession or professions engaged in the provision of services under this Order or the 2009 Act or for a particular service provided under this Order or the 2009 Act , and may, at any time after consultation with that committee, dissolve that committee.

(2) A central advisory committee shall advise the Department on the provision of any service with which that committee is concerned and shall undertake such investigation as the Department thinks fit.

Para. (3) rep. by 1986 NI 24

(4) A central advisory committee shall consist of a chairman appointed by the Minister and such other members as the Minister may consider necessary, appointed after consultation with such interests as appear to the Minister to be concerned; and the Minister may at any time appoint an additional member or fill a vacancy created by the death or resignation of a member.

(5) A central advisory committee may appoint sub-committees, whether jointly with another central advisory committee or otherwise, and may appoint to such sub-committees persons who are not members of the central advisory committee or committees concerned.

(6) A central advisory committee may regulate its own quorum and procedure.

Section 25 Other advisory committees

(1) For the purpose of obtaining advice upon any matter arising in connection with the performance of the duty of the Ministry under section 2 of the 2009 Act , other than a matter in relation to which a central advisory committee has been appointed, the Minister may appoint such other advisory committees as he considers necessary, and may, after any such committee has performed the functions for which it was appointed, or at any other time after consultation with that committee, dissolve that committee.

(2) An advisory committee shall consist of a chairman and such other members as the Minister may consider necessary for the purposes of the committee; and the Minister may at any time appoint an additional member or fill a vacancy created by the death or resignation of a member.

(3) An advisory committee may regulate its own quorum and procedure.

Section 26 Northern Ireland Central Services Agency for the Health and Social Services

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Section 27 Functions of the Agency

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Section 30 Provision of vehicles for persons suffering from physical defect or disability

(1) The Ministry may provide invalid carriages for persons appearing to it to be suffering from severe physical defect or disability, and, at the request of such a person, may provide for him a vehicle other than an invalid carriage.

(2) The Ministry may, in the case of an invalid carriage or other vehicle provided by it for, or belonging to, any such person as is mentioned in paragraph (1), on such terms and subject to such conditions as it may determine—

(a) adapt the vehicle for the purpose of making it suitable for the circumstances of that person;

(b) maintain and repair the vehicle;

(c) take out insurance policies relating to the vehicle and pay the duty (if any) with which the vehicle is chargeable under the Vehicle Excise and Registration Act 1994 ;

(d) provide a structure for the keeping of the vehicle therein and provide all material and execute all works necessary for the erection of the structure.

(3) The Ministry may, on such terms and subject to such conditions as it may determine, make payments by way of grant towards costs incurred by any such person as is mentioned in paragraph (1) in respect of all or any of the following matters in relation to an invalid carriage or other vehicle provided by the Ministry for, or belonging to, that person—

(a) the taking of any such action as is referred to in paragraph (2);

(b) the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of the fuel;

(c) the taking of instruction in the driving of the vehicle.

(4) In this Article, “invalid carriage” means a mechanically propelled vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and used solely by such a person.

Section 31 Accommodation and services for private patients

(1) If the Department is satisfied, in the case of a hospital vested in it, that it is reasonable to do so, it may authorise accommodation and services at the hospital in question to be made available, to such extent as it may determine, for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made available, such charges as the Department may determine and may make and recover such charges as it may determine in respect of such accommodation and services and calculate them on any basis that it considers to be the appropriate commercial basis; but the Department shall do so only if and to the extent that it is satisfied that to do so—

(a) will not to a significant extent interfere with the performance by it of any duty imposed on it by this Order or the 2009 Act to provide accommodation or services of any kind; and

(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at hospitals vested in the Department (whether as resident or non-resident patients) otherwise than under this Article.

(2) The Department may allow accommodation and services to which an authorisation under paragraph (1) relates to be made available in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a hospital vested in it for the treatment of private patients of that practitioner.

(3) The Department shall revoke an authorisation under this Article only if and to the extent that it is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at hospitals vested in it) to meet the reasonable demand for them in the area served by the hospital in question.

Section 33 Hospital accommodation made available on part payment

(1) Where there is provided in any hospital vested in the Ministry accommodation in single rooms or small wards, the Ministry may authorise any such accommodation which is not for the time being needed by any patient on medical grounds to be made available for patients to such extent as it may determine, and may recover such charges as it may determine in respect of such accommodation and calculate them on any basis that it considers to be the appropriate commercial basis.

Para. (2) rep. by 1988 NI 24

Section 34 Cleanliness of school children

The Ministry may, by regulations, make provision with respect to the examination and cleanliness of the persons and clothing of pupils in attendance at grant-aided schools and, in particular, where action for the examination or cleansing of a pupil cannot immediately take place, may provide for the exclusion from school of such pupil.

Section 36 Provision of accommodation in premises maintained by voluntary organisations, etc.

(1) Subject to paragraph (2), arrangements must not be made under Article 15 for the provision of accommodation together with nursing or personal care for persons such as are mentioned in Article 10(1) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (residential care homes) unless —

(a) the accommodation is to be provided, under the arrangements, in a residential care home or nursing home (within the meaning of that Order); and

(b) a person carrying on or managing the home is registered in respect of it under that Order.

(2) The Department may by regulations make provision for or in connection with the making of arrangements under Article 15 for the provision of the accommodation in Great Britain, the Channel Islands or the Isle of Man.

(2A) Any question under this Order as to whether a person is ordinarily resident in the operational area of an authorised HSC trust is to be determined by the trust.

(3) Any arrangements made by virtue of this Article shall provide for the making by the HSC trust to the other party thereto of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements; and, subject to paragraph (7), the trust shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this Article.

(4) Subject to the following provisions of this Article, a person for whom accommodation is provided under any such arrangements shall refund to the HSC trust —

(a) where the payments made in respect of him under paragraph (3) include any amount in respect of nursing care by a registered nurse, the amount of such payments less any amount paid in respect of such nursing care;

(b) in any other case, the amount of the payments made in respect of him under paragraph (3).

(4A) In paragraph (4) "nursing care by a registered nurse" means any services provided by a nurse registered under Article 5 of the Nursing and Midwifery Order 2001 (SI 2002 / 253) and involving—

(a) the provision of care, or

(b) the planning, supervision or delegation of the provision of care,

other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse so registered.

(5) Where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the HSC trust that he is unable to make a refund at the full rate determined under paragraph (4)(a) or (b) , the trust shall assess his ability to pay, and accordingly determine at what lower rate he shall be liable to make a refund.

(6) Regulations may make provision for the assessment, for the purposes of paragraph (5), of a person's ability to pay.

(7) Where accommodation in any home or premises is provided for any person under arrangements made by virtue of this Article and the HSC trust , the person concerned and the voluntary organisation or other person managing the home or premises (in this paragraph referred to as “the provider”) agree that this paragraph shall apply—

(a) so long as the person concerned makes the payments for which he is liable under sub-paragraph (b), he shall not be liable to make any refund under paragraph (4) or (5) and the trust shall not be liable to make any payment under paragraph (3) in respect of the accommodation provided for him;

(b) the person concerned shall be liable to pay to the provider such sums as he would otherwise (under paragraph (4) or (5)) be liable to pay by way of refund to the trust ; and

(c) the trust shall be liable to pay to the provider the difference between the sums paid by virtue of sub-paragraph (b) and the payments which, but for sub-paragraph (a), the trust would be liable to pay under paragraph (3).

(8) An HSC trust may, on each occasion when it makes arrangements by virtue of this Article for the provision of accommodation for a person and irrespective of his means, limit to such amount as appears to the trust reasonable for him to pay the refunds required from him for his accommodation during a period commencing when the trust began to make the arrangements for accommodation for him and ending not more than 8 weeks after that.

Section 37 Removal to suitable premises of persons in need of care and attention

Each authorised HSC trust shall make arrangements in accordance with Schedule 6 for the purposes of securing the necessary care and attention for persons within its operational area (other than persons in respect of whom a warrant may be issued under Article 129 of the Mental Health Order ) who—

(a) are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions; and

(b) are unable to devote to themselves, or to receive from persons with whom they reside, or from persons living nearby, proper care and attention.

Section 38 Protection for property of certain persons

(1) Where a person—

(a) is admitted as a patient to any hospital or is admitted to other accommodation provided under this Order or the 2009 Act ; or

(b) is removed to any other place under an order made under Schedule 6;

and it appears to the appropriate HSC trust that there is danger of loss of, or damage to, any property of his by reason of his temporary or permanent inability to protect or deal with the property, and that other suitable arrangements have not been, or are not being made to prevent or mitigate the loss or damage, the trust shall take reasonable steps for that purpose.

(1A) The “appropriate HSC trust” is the HSC trust in whose operational area the person resides.

(2) Paragraph (1) shall have effect in relation to persons suffering from mental disorder as if—

(a) the reference to “hospital” included a reference to a private hospital within the meaning of the Mental Health Order ; and

(b) after sub-paragraph ( b ) there were inserted the following words—

or

(c) is subject to guardianship under the Mental Health Order ;

(3) For the purpose of discharging the duty of an HSC trust under paragraph (1), a person authorised in writing by the trust may, at all reasonable times, enter any premises which, immediately before the person mentioned in that paragraph was admitted or removed as aforesaid, were his place of residence or usual place of residence and may deal with any property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(4) An HSC trust may recover from a person admitted or removed as aforesaid, or from any person who, for the purposes of this Order, is liable to maintain him, any reasonable expenses incurred by it in relation to him under the foregoing provisions of this Article.

Section 39 Burial or cremation of the dead

(1) An authorised HSC trust may cause to be buried or cremated the body of a deceased person who, immediately before his death, was being provided with accommodation under this Order or the 2009 Act by the trust .

(2) The trust may recover from the estate of such deceased person, or from any person who, for the purposes of this Order, was liable to maintain the deceased person immediately before his death, expenses incurred under paragraph (1), . . . .

(3) Where the relatives of any deceased person are not known or are, by reason of their absence, poverty or otherwise, unable to defray all or part of the expenses of burying or cremating that person, the trust may defray the whole or part of such expenses.

(4) Nothing in this Article shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and a body shall not be cremated under this Article where the trust has reason to believe that cremation would be contrary to the wishes of the deceased.

Section 41 Availability or provision of services, otherwise than for purposes of the Order

The Ministry may allow persons to make use, on such terms and conditions as it thinks fit, of any services the provision of which is involved in the provision of personal social services under this Order or the 2009 Act ; and it may, in the case of services the provision of which is so involved, provide them to an extent greater than that necessitated by the provision of personal social services under this Order or the 2009 Act if it thinks it expedient to do so in order to allow persons to make use of them.

Section 42 Provision of services to persons not ordinarily resident in Northern Ireland

(1) The Ministry may make available any services provided under this Order or the 2009 Act to such persons or classes of persons not ordinarily resident in Northern Ireland to such an extent and subject to such conditions as may be prescribed.

(2) Where services are provided under paragraph (1) the Ministry may, subject to such exemptions as may be prescribed and subject to paragraph (3) , determine charges for such services and recover them in accordance with paragraphs 3 and 4 of Schedule 15.

(3) Regulations may provide that charges under paragraph (2) are only to be made in such cases as may be determined in accordance with the regulations.

Section 43 Powers of Ministry to conduct or assist research

The Ministry may conduct or promote, or assist (by grant or otherwise) any person in conducting, research into—

(a) any matter relating to the causation, prevention, diagnosis or treatment of illness, or into such other matters relating to the health care as it thinks fit;

(b) any matter relating to the social care .

Section 44 Provisions relating to training

(1) The Ministry may, either directly or by entering into arrangements with others,—

(a) provide training for persons with a view to, or in the course of, their employment or use of their services in the health or social care in Northern Ireland, in a related service in Great Britain, or by a voluntary organisation approved by the Ministry;

(b) allow training provided under this paragraph to be given to persons other than persons described in sub-paragraph ( a ), and may, under this paragraph, provide such training to an extent greater than that necessitated by the requirements of persons so described if it is thought expedient to do so in order to allow such other persons to receive such training;

(c) provide material and premises necessary for, or in connection with, the provision of any training referred to in sub-paragraph ( a ) or ( b );

(d) provide training under this paragraph on such terms as the Ministry thinks fit.

(2) The Ministry may, subject to such conditions as it may determine,—

(a) make grants towards any fees or expenses incurred by, or

(b) defray or contribute towards the cost of maintenance of,

persons undergoing training for any of the purposes of this Order.

(3) The Ministry may, subject to such conditions as it may determine, pay the fees of, or make grants to, any body or persons providing training under paragraph (1).

Section 45 Travelling expenses of patients, etc.

(1) The Ministry may, by regulations, provide for the payment by the Department or an HSC trust in accordance with prescribed scales and in such circumstances as may be prescribed, of the whole or part of any travelling or other out-of-pocket expenses necessarily incurred—

(a) by any person of a prescribed description for the purpose of availing himself of—

(i) such services under this Order, the 1991 Order or the 2009 Act as may be prescribed;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) by any person accompanying such person as is mentioned in paragraph ( a );

(c) by any relative being a person of a prescribed description, visiting a person availing himself of services under this Order or the 2009 Act .

and such regulations may provide for the reimbursement by the Department to an HSC trust of payments made by the trust by virtue of this paragraph.

(2) Paragraph 1B of Schedule 15 (powers to prescribe descriptions of persons) shall have effect in relation to paragraph (1) as it has effect in relation to paragraph 1(b) of that Schedule.

Section 46 Provision of residential accommodation for officers

The Ministry may provide, on such terms and conditions as may be agreed, residential accommodation for—

(a) officers employed for the purposes of any of its functions under this Order or the 2009 Act ;

(b) officers employed by a voluntary organisation for the purposes of any services provided under this Order or the 2009 Act .

Section 47 Loans to certain officers

The Ministry may make loans to such officers employed for the purposes of any of the health or social care and subject to such conditions as the Ministry, with the approval . . . of the Ministry of Finance, may determine to facilitate such officers in the purchase of motor cars or motor cycles essential to the efficient carrying out of their official duties.

Section 48 Acquisition and disposal of land

(1) The Ministry may acquire by agreement or compulsorily in accordance with the following provisions of this Article any land which in its opinion is required for the purposes of health or social care , and any land held by it for those purposes may, if in the opinion of the Ministry it is no longer required for those purposes, be disposed of by it or be appropriated by it for other purposes of the Ministry.

(1A) Where the Department proposes to dispose of any land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire land adjoining that land, then, notwithstanding that the acquisition of that adjoining land is not required for the purposes of health or social care , the Department may acquire by agreement that adjoining land.

(2) Where the Ministry in exercise of the power conferred by paragraph (1) desires to acquire any land otherwise than by agreement, the Ministry may make an order (in this Article referred to as a “vesting order”) vesting the land in the Ministry.

(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to the modifications thereof specified in Schedule 7 to this Order, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order under that Act.

(4) The power to make a vesting order in respect of land—

(a) which is the property of any public body which has power under any transferred provision to acquire land compulsorily, or

(b) which is declared by or under any transferred provision to be inalienable,

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of each House of Parliament.

(5) Nothing in this Article shall authorise the Ministry to acquire, without the consent of the Ministry of Finance , any land on or in which there is, to the knowledge of the Ministry, any historic monument or archaeological object.

(6) In paragraph (5), “historic monument” and “archaeological object” have the same meanings as in the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 .

Section 49 Power to enter on lands

(1) A person authorised in writing by the Ministry (in this Article and in Article 50 referred to as an “authorised person”) may, on production if required of his credentials, at any reasonable time enter any land for the purpose of survey, valuation or examination—

(a) where the Ministry proposes to acquire the land otherwise than by agreement, or

(b) where it appears to the Ministry that survey, valuation or examination is necessary in order to determine whether any functions of the Ministry under Article 48 should be exercised on or with respect to the land.

(2) A power of entry under paragraph (1) shall not be exercisable in relation to any land except—

(a) with consent given by the occupier of the land; or

(b) after at least twenty-four hours' notice of the intended entry has been served on the occupier or owner of the land.

(3) If any person, other than the owner or occupier of the land, knowingly prevents an authorised person from carrying out anything which the authorised person is duly authorised to do or obstructs the authorised person in carrying out any such thing, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale .

(4) If any person, being the owner or occupier of land, knowingly prevents an authorised person from duly carrying into effect any survey, valuation or examination of such land or obstructs the authorised person in doing any such survey, valuation or examination, a court of summary jurisdiction on proof thereof may order him to permit to be done on the land all things requisite for carrying into effect such survey, valuation or examination; and, if he fails to comply with the order, he shall be guilty of an offence and shall, for every day during which the failure continues, be liable on summary conviction to a fine not exceeding level 2 on the standard scale .

(5) Where under this Article an authorised person enters any land, he shall ensure that the land is not left less secure by reason of the entry, and the Ministry shall make good or pay compensation for any damage to property caused by, or in consequence of, the authorised person exercising any right or failing to perform any duty under this Article.

(6) Any question of disputed compensation under this Article shall be referred to and determined by the Lands Tribunal.

(7) Any reference in this Article to an occupier or to an owner shall be construed as including a reference to a person appointed in writing by the occupier or owner as his representative for purposes including all or any of the purposes of this Article.

(8) Any power conferred by this Article shall be construed as including power to search and bore for the purpose of ascertaining the course of any sewers or drains or of ascertaining the nature of the subsoil therein and to take and carry away for examination specimens of the subsoil found therein.

Section 50 Power of inspection

(1) Any person authorised by the Department may at any reasonable time enter and inspect any premises (other than premises in respect of which any person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) 2003 ) in which services are, or are proposed to be, provided by any person or body under arrangements made with the Department under this Order.

(2) Any person inspecting any premises under this Article may—

(a) make such examination into the state and management of the premises and the services provided therein as he thinks fit;

(b) inspect any records (in whatever form they are held) relating to the premises, or any person for whom services have been or are to be provided there; and

(c) require the owner of, or any person employed in, the premises to furnish him with such information as he may request.

(3) Any person exercising the power to inspect records conferred by paragraph (2)(b)—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

to give him such reasonable assistance as he may require.

(4) Any person inspecting any premises under this Article—

(a) may interview any person residing there in private—

(i) for the purpose of investigating any complaint as to those premises or the services provided there, or

(ii) if he has reason to believe that the services being provided there for that person are not satisfactory; and

(b) may examine any such person in private.

(5) No person may—

(a) exercise the power conferred by paragraph (2)(b) so as to inspect medical records; or

(b) exercise the power conferred by paragraph (4)(b),

unless he is a medical practitioner and, in the case of the power conferred by paragraph (2)(b), the records relate to medical treatment given at the premises in question.

(6) Any person exercising the power of entry under paragraph (1) shall, if so required, produce some duly authenticated document showing his authority to do so.

(7) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) In this Article “services” includes facilities and accommodation.